Page images
PDF
EPUB

in Section 192 of this Article, without first having applied for and obtained a license or permit therefor, as provided by this article, and complying with all the provisions of Sections 184, 184A, 184B, 184C, 184D and 184 E of this Act, relating to such agents or solicitors.

1916, ch. 255, sec. 181B. 1848. Before any license or permit shall be issued to any insurance agent (general, special or State), or solicitor in this State, the said agent or solicitor applying for such license or permit and the company for which the said agent or solicitor desires to act as agent or solicitor shall apply for such license or permit on forms to be prescribed and prepared by the State Insurance Commissioner, and said company shall pay the license or registration fees prescribed by this Article. The application of each such agent or solicitor shall be addressed to the Insurance Commissioner in writing and shall be signed by him, shall set forth in full the name and address of the applicant; that he has not wilfully violated any of the Insurance Laws of this State during the past year, and that he will not violate any such law during the term of the license applied for, if issued; that he has not dealt unjustly with or deceived any citizen of this State or misrepresented the conditions of any insurance policy or contract; whether or not he has misappropriated or withheld from any insurance company or general agent money'received or collected by him for said company or general agent under any former employment as agent, broker or solicitor, whether or not his license as insurance agent or broker has been declined or revoked in this or any other State for a violation of law; where and in what business engaged during the past year, and shall give full answers to the following questions: Do you understand that it is against the laws of this State (a) to act as agent, broker or solicitor for any company without a license from this department, (b) to misrepresent the conditious of any policy contract, (c) to make any discrimination between citizens of this State in premiums or in rebating any part of premiums or commissions, or to twist or attempt to twist policies by misrepresentation. Before any license or permit is issued to such agent or solicitor, the State Insurance Commis

sioner may make inquiry as to the accuracy of any statement made in said application, and may refuse to issue any such license if convinced that the applicant therefor has wilfully violated any of the insurance laws of this State.

Provided that any person deeming himself aggrieved by any such refusal by the Insurance Commissioner to grant any such license as aforesaid, shall have the right to appeal to the Superior Court of Baltimore City by a writ of mandamus to compel the issuance of such license in any proper case, when the same has been wrongfully and improperly withheld.

1916, ch. 255, sec. 1840.

184c. Whenever the State Insurance Commissioner shall be satisfied that any insurance broker, broker's solicitor, agent or solicitor, licensed or registered by this State, has wilfully violated any of the insurance laws of this State, or has wilfully misrepresented any policies of insurance, or has dealt unjustly with or wilfully deceived any citizen of this State in regard to any insurance policy, or has failed or refused to pay over to the company or to his principal or other person whom he represents or has represented, or by or for whom he is employed or acts, any money or property in the hands of said agent, solicitor, broker or broker's solicitor belonging to said company, firm, broker, principal or person when demanded to do so, or has violated any ruling of the Insurance Department which he is by law authorized to make, or upon conviction of any infamous crime under the laws of this State, or has been guilty of twisting or attempting to twist by misrepresentation any policy of insurance, or has made any false statement, answer or declaration in his application for license, then and in any such case, the State Insurance Commissioner may and it shall be his duty to revoke the license of such broker or broker's solicitor, or revoke the license of any agent or solicitor for all companies which he represents in this State for such length of time as the State Insurance Commissioner may think proper; provided, however, that before the State Insurance Commissioner shall revoke said license he shall give ten days' notice of the charges in writing, to be served upon said broker, agent or solicitor in person, or by registered letter to his last known address, or by copy of the charges left at his last known address, and provided an opportunity shall be given the said broker, broker's solicitor, agent, or solicitor to be heard upon said charges, and the said broker, broker's solicitor, agent or solicitor shall have the right to have such revocation of license reviewed by the Superior Court of Baltimore City, when said offense occurred in Baltimore City, or by the Circuit Court of any of the counties of the State wherein such offense or offenses complained of occurred.

1916, ch. 255, sec. 1840. 1840. Every insurance company, as defined in Section 192 of this Article, incorporated under the laws of this State and transacting therein the business of insurance in any of its branches, shall, in addition to the fees for domestic companies provided in this Article, pay for each license or certificate of authority which each agent or solicitor of such company is required under Sections 184A, 184B and 1840 of this Article to take out, the sum of fifty cents as a registration fee. All such certificates of authority to agents and solicitors shall expire at midnight on the 31st day of December next ensuing the date of issue.

1916, ch. 255, sec. 184E. 1845. Any person or persons, or any company or association violating any of the provisions of Sections 181A, 184B, 1840 and 184D, or any of said sections, shall be subject to the fines and penalties provided by Section 205 of this Article.

1904, art. 23, sec. 168. 1900, ch. 512, sec. 126a. 185. No corporation or association, whether organized under the laws of the State of Maryland or otherwise, and no copartnership or individual, and no agent or employee of any company, individual, association or firm, whether such person be a licensed broker or otherwise, shall, directly or indirectly, pay, except to the lawful agent or solicitor of such company, and to him solely upon the premiums on policies issued by the company for which he may be licensed agent or solicitor, or to an insurance broker licensed by the State of Maryland, any commission, reward or rebate in consideration of procuring, or influencing others to procure, insurance from such company, as

sociation, individual or firm, nor collect or agree to collect from any person, whether or not the same may be the owner of the property insured, or his agent, or other person, any amount less than that expressed in the policy or policies as being the premiums therefor; and any person violating any of the provisions of this section shall be subject to the fines imposed by Section 205 of this Article.

1912, art. 23, sec. 186. 1904, art. 23, sec. 169. 1900, ch. 512, sec. 126B.

1914, ch. 749, sec. 186. 186. No corporation or association authorized to transact business in this State, and no copartnership or individual, resident or non-resident, shall write any policy of insurance, or assume any liability in the matter of insurance upon any property, real or personal, situate in this State, unless such policy, certificate, or other evidence of liability assumed by said corporation, association or individual shall have been, previous to delivery, signed or countersigned by an officer or agent, resident in this State, authorized by law to sign such policy or contract; provided, however, that policies issued by * railway corporations insuring the rolling stock and other movable property of said road, and those insuring the liability of such railroads as common carriers, shall be subject to the requirement that they shall be signed by the resident agent in cases only where more than one-half the trackage of the roads operated by such railway companies is situate in the State of Maryland. Every corporation, association, copartnership and individual resident or non-resident, engaged in business in this State shall pay to its legally licensed agent or agents, in the State of Maryland, for signing or countersigning any policy, certificate or other evidence of liability assumed by said corporation, association or individual, the same rate and amount of commissions as if such policy, certificate or other evidence of liability had been issued through said agent or agents residing in the State of Maryland; and no agent or agents shall sign or countersign any policy, certificate or other evidence of liability, upon any property situated in this State, for an amount less than the commissions allowed on any policy, certificate or other evidence of liability issued through an agent or agents residing in this State. The premiums on all policies so signed or countersigned

• This ought to be “to.

xhall be included in the report of gross premiums reluired to be made to the Insurance Commissioner by all companies not organized under the laws of this state. Any person violating the provisions of this section shall be subject to the fines imposed by Section 205 of this Article.

1916, ch. 274. 186a. No stock salesman, broker or other person representing any insurance company, wherever incorporated, in process of organization and not licensed to transact business in this State, shall be permitted to solicit subscriptions to or sell the stock of such company in this State unless and until such company has furnished the Insurance Commissioner with full particulars as to the methods and proposed cost of promotion. Be fore any such person shall solicit subscriptions to or sell the stock of such company, he shall be required to secure a license from the Insurance Commissioner, who, prior to the issuance of such license, shall investigate the record of the applicant and may, for good cause shown, refuse to issue same. The fee for each such license shall be ten dollars. The cost of promotion, including commissions to the stock salesmen and all expenses of organization of whatever character, shall not exceed five per centum of the subscription or selling price of each share of stock, and the Insurance Commissioner shall require this provision to be plainly set forth in the stock subscription agreement or contract for the sale of stock. No part of the commissions to the salesmen gr other organization expense under any subscription for stock shall be payable until such share or shares of stock have been fully paid for in cash or securities of equivalent value. The subscription to or sale of stock in any such company in series is prohibited, except that after a company is organized and actively engaged in the insurance business, the Insurance Commissioner is empowered to authorize it to sell a new issue of stock at an advanced price on condition not otherwise inconsistent with the provisions of this section. The fiscal agent, person or corporation engaged in promoting the organization of any such insurance company shall be required to give to the Insurance Commissioner a surety bond in the amount of ten per cent. of the proposed maximum capital

« ՆախորդըՇարունակել »